UPDATE:
• ROLL CALL
Present: Commissioners Brown, Vandevere, Roberts, Salazar, Getzelman, Mendez, Diehl, Padilla, Hert
Absent: Commissioner Rochester
• Public Comment: Eleven speakers addressed the Planning Commission; all supported the resolution recommending denial of Local Coastal Program Amendments to Board of Supervisors, including Wayne Iversen, Mark McDonald, Lynn Patton, Nelson French (SOCNC), Lois Roberts, Jon Blades, Michael LePage, Leslie Cooley, Mark Bayne (SOCNC), Amy White (LandWatch Executive Director) and Molly Erickson, attorney representing Save Our Carmel Neighborhoods Coalition (SOCNC).
• It was moved by Commissioner Diehl, seconded by Commissioner Vandevere, and failed by the following vote to adopt resolution recommending denial of Local Coastal Program Amendments to Board of Supervisors, including changes such as deletion of paragraphs 12 and 14.
AYES: Roberts, Hert, Diehl, Vandevere
NOES: Brown, Padilla, Salazar, Mendez, Getzelman
ABSENT: Rochester
ABSTAIN: None
Note: Commissioner Padilla changed his vote from 29 June 2011 Planning Commission meeting; his rational was that since Widewaters was willing to include affordable housing in the project instead of the in-lieu fee of $2.5 million, even though the County’s policy mandates 20% of total units must be affordable housing, of which 6% very low income, 6% low income and 8% moderate. Applicant Widewaters intents all affordable units be moderate income.
• It was moved by Commissioner Padilla, seconded by Commissioner Brown, and passed by the following vote to place on the August 10, 2011 Planning Commission Agenda rescinding of the 29 June 2011 Planning Commission decision and continue to the August 10, 2011 Planning Commission meeting agenda item on LCP Amendments, Combined Development Permit and EIRs.
AYES: Brown, Padilla, Salazar, Mendez, Getzelman
NOES: Roberts, Hert, Diehl, Vandevere
ABSENT: Rochester
ABSTAIN: None
• Monterey County Planning Department Meetings Video, MP3 Audio
ABSTRACT: On Wednesday, 27 July 2011, at 10:00 A.M., the Monterey County Planning Commission is scheduled to consider Agenda Item Rigoulette LLC (Villas de Carmelo; Formerly Carmel Convalescent Hospital) - PLN070497. The Staff’s Recommended Action is to “Adopt resolution recommending denial of Local Coastal Program Amendments to Board of Supervisors.” The AGENDA is reproduced minus three other SCHEDULED ITEMS scheduled for 9:00 A.M. County supporting materials are embedded. HIGHLIGHTS, including the text of the RESOLUTION TO RECOMMEND DENIAL OF AMENDMENTS OF COUNTY CODE, are presented.
Monterey County Planning Commission
AGENDA
Wednesday, July 27, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Paul Getzelman
Vice-Chair: Amy Roberts
Secretary: Mike Novo
Commissioners:
Paul C. Getzelman Cosme Padilla
Jay Brown Aurelio Salazar, Jr
Amy Roberts Jose Mendez
Luther Hert Martha Diehl
Don Rochester Keith Vandevere
PLEDGE OF ALLEGIANCE
A. ROLL CALL
B. PUBLIC COMMENTS
C. AGENDA ADDITIONS, DELETIONS AND CORRECTIONS
D. APPROVAL OF MINUTES: None
E. COMMISSIONER COMMENTS, REQUESTS AND REFERRALS
F. SCHEDULED ITEMS
3. 10:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
Project Planner: Elizabeth Gonzales. Environmental Status: Draft Environmental Impact Report prepared. Project Description: (Continued from June 29, 2011) Adopt a Resolution to Recommend Denial to the Board of Supervisors of the proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards). The address is 24945 Valley Way, Carmel (Assessor's Parcel Numbers 009 061 002 000, 009 061 003 000, 009 061 005 000), Coastal Zone. Recommended Action: Adopt resolution recommending denial of Local Coastal Program Amendments to Board of Supervisors.
G. OTHER MATTERS: NONE
H. DEPARTMENT REPORT
I. ADJOURNMENT
The Recommended Action indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the Planning Commission’s alternative actions on any matter before it.
BREAKS will be taken approximately at 10:15 a.m. and 3:00 p.m.
DOCUMENT DISTRIBUTION: Documents relating to agenda items that are distributed to the Planning Commission less than 72 hours prior to the meeting are available for public inspection at the front counter of the Resource Management Agency – Planning and Building Services Departments, Monterey County Government Center , 168 W. Alisal Street, 2nd Floor, Salinas, CA. Documents distributed by County staff at the meeting of the Planning Commission will be available at the meeting.
If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132) and the federal rules and regulations adopted in implementation thereof. For information regarding how, to whom and when a person with a disability who requires a modification or accommodation in order to participate in the public meeting may make a request for disability-related modification or accommodation including auxiliary aids or services or if you have any questions about any of the items listed on this agenda, please call the Monterey County Resource Management Agency - Planning Department at (831) 755-5025.
Monterey County Planning Commission Villas de Carmelo 7-27-11
RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
HIGHLIGHTS:
• RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution to Recommend Denial to the Board of Supervisors of the proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards).
• The in-lieu fee for Inclusionary housing for this project was an issue for the Planning Commission. The Planning Commission felt a proposal for an LCP Amendment to allow higher density residential zoning in the Carmel Area Land Use Plan could create an opportunity to provide affordable on-site housing.
• Questions raised by the Commission were: 1) What would the projected forecast for growth in Monterey County be; and 2) How many vacant lots are located in Carmel Area Land Use Plan that could potentially provide the benefit of affordable housing with a higher density residential zoning.
• The Planning Commission continued the hearing to July 27, 2011 in order to adopt a resolution recommending denial of the proposed LCP Amendments to the Board of Supervisors. Commissioner Vandevere further recommended that the Commission would like to see a broader-based analysis of introducing High Density zoning into an LCP Amendment with a requirement of an affordable housing overlay that would ensure actual construction of affordable housing into those areas designated for high density zoning. There is currently no mechanism for ensuring affordable housing under a recommended increased zoning density.
• EXHIBIT A
RESOLUTION TO RECOMMEND DENIAL OF AMENDMENTS OF COUNTY CODE
PLN070497/VILLAS DE CARMELO
Before the Planning Commission in and for the County of Monterey, State of California
Resolution of the Monterey County
Planning Commission recommending:
1) the Board of Supervisors of the County of Monterey, State of California, deny the proposed Local Coastal Plan Amendments to the Carmel Area Land use Plan; and
2) the Board of Supervisors of the County of Monterey, State of California, deny the attached ordinance to amend the Coastal Implementation Plan.
(PLN070497, Rigoulette, LLC (Villas de Carmelo) 24945 Valley Way, Carmel Area land Use Plan (APN: 009-061-002-000, 009-061-003-000, 009-061-005-000)
Denials of Amendments to Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development) of the Monterey County Coastal Implementation Plan, Part 4, (Title 20 of the Monterey County Code), to allow adaptive reuse of the historic Carmel Convalescent Hospital and infill residential development came on for a public hearing before the Planning Commission on July 27, 2011. Having considered all the written and documentary evidence, the administrative record, the staff report, oral testimony, and other evidence presented, the Planning Commission hereby recommends that the Board of Supervisors deny the amendments to the Carmel Area land Use Plan and coastal Implementation Plan with reference to the following facts:
RECITALS
1. Section 65300 et seq. of the California Government Code requires each county to adopt a comprehensive, long-term General Plan for the physical development of each county.
2. On September 30, 1982, the Board of Supervisors of the County of Monterey (“County”) adopted a county-wide General Plan (“General Plan”) pursuant to California Planning, Zoning and Development law.
3. Section 30500 of the public Resources Code requires each County and City to prepare a Local Coastal Program (LCP) for that portion of the coastal zone within its jurisdiction.
4. On October 19, 1982, the Board of Supervisors adopted the Carmel Area Land Use Plan (“Land Use Plan”) as part of the Local Coastal Program in the Coastal Zone pursuant the California Coastal Act. This separate mandate replaces policy guidance for most policy topics found in the General Plan and is applied in the Coastal Zone. The primary policy topics of noise and housing (to include other minor Monterey County specific policies) are not addressed under the LCP-Coastal Act mandate, and therefore those aspects of the 1982 General Plan not covered by the Land Use Plan, are still applicable in the Coastal Zone under Planning and Zoning law.
5. On April 14, 1983, the California Coastal Commission acknowledged certification of the Carmel Area Land Use Plan (“Land Use Plan”) as part of Monterey County’s Local Coastal Program.
6. On January 5, 2988, Monterey County adopted the Coastal Implementation Plan (CIP) of the LCP to implement the Carmel Area Land Use Plan consistent with Section 30512.1 of the Public Resources Code.
7. Figure 1 (Land Use Plan) of the “Land Use Plan” in the Carmel Area Land Use Plan provides a graphic representation of the general distribution, location, extent and intensity and land uses and transportation routes in this planning area.
8. Pursuant to Public Resources Code section 30000 et seq., the County may amend the adopted Local Coastal Program provided the County follows certain procedures, including that the County Planning Commission hold a noticed public hearing and make a written recommendation to the Board of Supervisors on the proposed amendment of the coastal Implementation Plan (CIP) portion of the Local Coastal Program (LCP). Section 30514 of the Public Resources Code provides for amendments to adopted LCPs. On October 23, 1984, the Monterey County Board of Supervisors adopted procedures for amending the LCP-CIP.
9. On June 29, 2011, the Monterey County Planning Commission considered Combined Development Permit to redevelop the existing Carmel Convalescent Hospital site, generally located at the northwest corner of Highway One and Valley Way, with a 46-unti condominium project. The Combined Development Permit consists of: 1) Vesting Tentative Map to subdivide 3.68 acres into 46 condominium parcels and common open space; 2) Coastal Development Permit to convert the former convalescent hospital into nine condominium units with underground parking, recreation room, storage, and a gym; and convert existing garage/shop building into three condominium units; 3) Coastal Administrative Permit to demolish one existing structure and construct eight buildings for a total of 46 condominium units; 4) Coastal Development Permit to allow development on slopes of 30% or greater; 5) Coastal Development Permit to allow the removal of 97 trees (21 coast live oak and 76 Monterey pines); and 6) Design Approval. The development of the property, as proposed, would require amendments to the Local Coastal Program (LCP), specifically the Carmel Area Land Use Plan (LUP) and Coastal Implementation Plan (CIP). In order to accommodate the proposed density, the Carmel Area LUP and CIP must be amended to include a new land use classification that would allow high density residential uses. Amendments to the Carmel Area Land Use Plan included:
a. Specific Policies 2.2.4.6. The existing forested corridor along Highway 1 shall be maintained as a scenic resource and natural screen for existing and new development. New development along Highway 1 shall be sufficiently set back to preserve the forested corridor effect and minimize visual impact. All new development on the Carmel Convalescent Hospital site shall include landscaping to screen the development from Highway 1.
b. Policy 4.4.3.E.15
The 3.68 acre Carmel Convalescent Hospital property may be developed for residential use. A maximum of 46 units may be approved. The units shall be screened from Highway 1 through implementation of a landscape plan along the entire Highway 1 property frontage.
c. Policy 4.4.3.E.2
E. Residential
2. Medium-density residential development shall be directed to existing residential areas where urban services – water, sewers, roads, public transit fire protection, etc. – are available. The density for new subdivision is two units per acre except for the Portola Corporation property in Carmel Meadows and the Carmel Convalescent Hospital property adjacent to Highway 1. The 3.68 acre Carmel Convalescent Hospital property the only property that may be developed for high density residential use subject to Policy 4.4.3.E.15. As a condition of development of the Portola property, covenants must be recorded acknowledging agricultural use on the adjacent parcel and holding the owner (State) harmless for any nuisance due to the agricultural use.
d. Policy 4.5H
H. Medium/High – Density Residential
Medium-density residential development is the primary use. The density for new subdivision is 2 units per acre, except on the Mission Ranch property where a density of 4 units per acre may be allowed subject to section 4.4.3.F.1, Odello (162 units) subject to section 14.4.3.F.4 and the Carmel Convalescent Hospital site where (a maximum of 46) residential units are allowed subject to Policy 4.4.3.E.15.
3) Amend 3.68 acres located at 24945 Valley Way, Carmel (Assessor’s Parcel Numbers 009-061-002-000, 009-061-003-000, and 009-061-005-000) in the Carmel Area Land Use Map from the existing designation of MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre).
10. The Planning Commission did not think the LCP Amendments should be considered with the proposed project. They did not want to see the project tied to the request for an LCP Amendment. They wanted to be able to discuss the merits of an LCP Amendment separately. They determined that taking the land use component forward to the Board first before getting into the project would be appropriate. Hence, the Planning Commission continued the hearing on the Combined Development Permit until after a Resolution/determination was made on the LCP Amendments by the Coastal Commission. They also adopted a Resolution of Intent to recommend denial of the proposed LCP Amendments to the Board of Supervisors and continued the public hearing to July 27, 2011.
11. As part of the technical analysis to the LCP Amendments, the Final EIR for the Villas de Carmelo will be attached to the Resolution recommending that the Board of Supervisors deny the request to amend Monterey County’s Local Coastal Program.
12. All policies of the General Plan and the Land Use Plan have been review by the Planning Department staff to ensure that the proposed amendments maintain the compatibility and internal consistency of the General Plan and the Land Use Plan.
13. On June 29, 2011, the Monterey County Planning Commission held a duly noticed public hearing to consider amending the Monterey County Coastal Implementation Plan. At least 10 days before the first public hearing date, notices of the hearing before the Planning Commission were published in both the Monterey County Herald and The Californian and were posted on and near the property and mailed to property owners within 300 feet of the subject property. The Planning Commission adopted a Resolution of Intent to recommend denial of the proposed LCP Amendments to the Board of Supervisors and continued the public hearing to July 27, 2011.
14. This amendment is intended to be carried out in a manner fully in conformity with the California Coastal Act (Public Resources Code Sections 30512, 30513, and 30519).
DECISION
NOW, THEREFORE, the Planning Commission does hereby:
1) Recommends that the Board of Supervisors of the County of Monterey, State of California, deny the proposed Local Coastal Plan Amendments to the Carmel Area Land Use plan; and
2) Recommends that the Board of Supervisors of the County of Monterey, State of California, deny the attached Ordinance to amend the Coastal Implementation Plan.
PASSED AND ADOPTED this ______day of_________upon motion of__________, seconded by________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Novo, Secretary
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